Washington, D.C. August 22, 2013 U.S. Senators Amy Klobuchar
(D, MN) and Chuck Grassley (R-IA) called on the Justice Department and
Federal Trade Commission (FTC) to investigate possible anticompetitive
practices by oil companies that limit consumers access to homegrown
renewable fuels. In a letter to Attorney General Eric Holder and FTC
Chairwoman Edith Ramirez, Klobuchar, the Chair of the Antitrust
Subcommittee, and Grassley, the Ranking Member of the Judiciary Committee,
urged the Administration to take action to address recent reports
indicating that oil companies may be undermining efforts to distribute
renewable fuels, including higher ethanol gasoline blends, that help boost
our nation’s energy security and lower the price of gas for
consumers.

“The promise of renewable fuels is rapidly becoming a reality and
introducing much needed competition to the transportation fuels
sector,” the members said. “Given the implication these alleged
activities, if true, could have on competition in the marketplace, we urge
you to investigate them and consider whether any action is necessary. We
look forward to working with you to ensure that Americans can continue to
realize the benefits of cheaper, cleaner renewable fuel.”

We are writing to express concerns that oil companies are engaging in
anticompetitive practices aimed at blocking market access for renewable
fuels. We urge you to investigate these allegations and, if true, whether
they violate the nation’s antitrust laws.

The Energy Independence and Security Act of 2007 (EISA) created the
Renewable Fuel Standard (RFS) to promote the development and use of
domestic renewable fuel. Since its inception, the RFS has helped to
decrease oil imports and increase our energy security while reducing the
price of gasoline for American consumers. Faced with growing competition
from new sources of fuel promoted by the RFS, the oil industry has publicly
stated their goal of repealing the RFS. At the same time, we have heard
reports that oil companies are taking steps to undermine efforts to
distribute renewable fuels that could help to meet the RFS requirement.

We have heard allegations that the oil industry is mandating retailers to
carry and sell premium gasoline, thereby blocking the use of the current
retail infrastructure to sell renewable fuels. Station owners who wish to
sell renewable fuel would bear the cost and logistical burden of having to
install additional infrastructure to do so. In one case, an oil company is
alleged to be using its franchise agreements to preclude franchisees from
offering higher level ethanol blends to their customers. By forcing a
franchisee to carry premium gasoline as a condition of carrying regular
gas, the oil company may be using its economic power over its franchisee to
effect a tying arrangement in violation of the Sherman Act. This conduct
may also violate the Gasohol Competition Act of 1980, which prohibits
discrimination or unreasonable limits against the sale of gasohol or other
synthetic motor fuels.

The promise of renewable fuels is rapidly becoming a reality and
introducing much needed competition to the transportation fuels sector.
Given the implication these alleged activities, if true, could have on
competition in the marketplace, we urge you to investigate them and
consider whether any action is necessary. We look forward to working with
you to ensure that Americans can continue to realize the benefits of
cheaper, cleaner renewable fuel.